Agenda and minutes

No apologies for absence were received.

To receive declarations of the existence and nature of any private interests, both disclosable pecuniary and any other registrable interests, in any matter to be considered or being considered.

The following declaration of interest was made:

Councillor Derbyshire noted that she would from abstain voting on Agenda Item 8 as she sits on the Lake District National Park Planning Authority and that it was likely that the matter would come before its Planning Committee, where she would want to take part in the discussion.

The Monitoring Officer confirmed that Councillor Derbyshire did not have to leave the room.

RECOMMENDATION that the:

1.            public minutes CAB/117/04/22  to CAB/129/04/22; and

2.            confidential minute CAB/128/04/22

of the meeting of the Cabinet held on 19 April 2022 confirmed and approved by the Chairman as a correct record of those proceedings (copies previously circulated).

Proposed by Councillor Taylor

Seconded by Councillor Sharp

andRESOLVED that:

1.    the public minutes CAB/117/04/22 to CAB/129/04/22; and

2.    the confidential minute CAB/128/04/22;

of the meeting of the Cabinet held on the 19^th April 2022 be confirmed and approved by the Chair as a correct record of those proceedings.

To receive questions and representations from the public under Rules 3 and 4 of the Executive Procedure Rules of the Constitution

Questions

Mr Peter Salway submitted the following question under Rule 5 of the Cabinet (Executive) procedure rules of the Constitution.

According to the website https://acvsupport.co.uk, ACV status on a property not only gives a Community the right to bid, but that achieving this status should protect the Inn via the “removal of permitted development rights for change of use and demolition – owners seeking to change a pub’s planning use, class or to demolish it must allow the community and customers of the pub to comment.”

My question is, this appears to be appliable to what is happening to the Crown & Mitre. If the Council disagree, can they please explain why.

The Leader gave the following response:

The Town and Country Planning (General Permitted Development) Order 1995 was amended in 2015. These amendments relate to certain permitted developments and provide that during a specified period, certain development is not permitted in relation to a specified building. The Lake District National Park is the planning authority for the property in question so it would not be appropriate for this Council to comment on the use of the property or the application of these regulations.

Mr David Kitchen submitted the following question under Rule 5 of the Cabinet (Executive) procedure rules of the Constitution; the question was read by the Monitoring Officer due to Mr Kitchen’s absence at the meeting:

Does the council feel that it is in the interests of community to have an unsupervised 24 person holiday let in the centre of a village community of approx. 50 residents ? Bearing in mind the same village already has a 32 person holiday let within 0.5 miles and several other holiday lets/airbnb’s /second homes within the village.

The Leader gave the following response:

The Council’s views on tourist development might be see in the extract from our Local Plan quoted in the application for ACV status. However the planning authority for Bampton is the LDNP so EDC’s policies are not applicable.

As politicians, we are extremely concerned about the prevalence of second homes and the increase in Air BnB and similar property use. I can assure Mr Kitchen that we lobby central government for powers which will enable us to address the situation, which indeed threatens the sustainability of our communities, more effectively.’

Ms Aileen Salway submitted the following question under Rules 5 of the Cabinet (Executive) procedure rules of the Constitution.

I refer to the quote below from the Camra website

“Most local authorities have planning policies that help protect valued community facilities and ACV-listing is clear evidence that the community does indeed value the pub.  Some Councils have policies which single out ACV-listed facilities for higher levels of protection. National planning policy recognises that ACV listing should be a ‘material consideration’ in planning decisions.”

With submitting a request for ACV status on the Crown and Mitre where the majority of permanent households agreed to its submission, would the Council agree that this property is clearly valued by  ...  view the full minutes text for item CAB/133/05/22

To receive questions and representations from Members under Rule 5 of the Executive Procedure Rules of the Constitution

No questions were received from Members.

To consider the attached report DoR28/22 of the Interim Director of Resources, which:

1.            Summarises progress against the revised corporate performance targets, for the period 1 January 2022 - 31 March 2022; and

2.            Informs the Cabinet and Overview and Scrutiny Committee of any areas of concern or issues requiring attention and the remedial action taken.

RECOMMENDED that the progress for Quarter 4 2021/2022 be noted. 

Members considered the report DoR28/33 of the Interim Director of Resources, which sought to update the Cabinet regarding the progress against the revised corporate performance targets, for the period 1 January 2022 – 31 March 2022.

Proposed by Cllr Taylor

Seconded by Cllr Robinson

andRESOLVED that the progress for Quarter 4 2021/2022 be noted.

Reasons for the Decision/ Recommendation:

To advise Members of progress against outcomes.

To consider the attached DCE25/22 of the Assistant Director Communities, which presents a number of applications for capital grants from Registered Providers (RPs).  The grants are to support Affordable Housing projects across the district, which can be funded through Section 106 receipts. 

RECOMMENDED that

1.    the four applications set out at paragraph 3.7 be approved; and

2.    subject to the approval of the above, Council approves that budgets for Capital Grants totalling £554,000 be included in the Capital Programme 2022/23 to be funded from Section 106 receipts. 

Members considered the report DCE25/22 of the Assistant Director Communities, which sought Cabinet approval for a number of capital grant applications from Registered Providers (RPs) to support Affordable Housing projects.

Proposed by Cllr Derbyshire

Seconded by Cllr Taylor

andRESOLVED that:

1.     the four applications set out at paragraph 3.7 of the report be approved; and

2.     recommended that Council approve the budgets for Capital Grants totalling £554, 000 to be included in the Capital Programme 2022/23 to be funded from Section 106 receipts.

Reasons for the Decision/Recommendation:

To provide capital grants to RP’s for affordable housing projects within the district

To consider the attached report DoR30/22 of the Assistant Director Legal and Democratic Services, in respect of the nomination of the Crown and Mitre, Bampton Grange, as an Asset of Community Value under the Localism Act 2011.

RECOMMENDED that the nomination of the Crown and Mitre, Bampton as an asset of community value be not accepted.

Members considered the report DoR30/22 of the Assistant Director Legal and Democratic Services, in respect of the nomination of the Crown and Mitre, Bampton Grange, as an Asset of Community Value under the Localism Act 2011.

Proposed by Cllr Taylor

Seconded by Cllr Rudhall

andRESOLVED that:

1.    the application be deferred to give the community group time to clarify their assessment of how the land is eligible for nomination as in Section 88 of the Act; in particular how it ‘further[s] the social interests of the local community’ and ‘it must be realistic to think’ that such a use ‘can continue’ in the future; alternatively that there was a time ‘in the recent past’ and that there will be a time ‘in the next five years’ where it would do so again; and that

2.    the nomination be reconsidered by Cabinet at its meeting on 21 June 2022.

To consider the attached report DCE16/22 of the Assistant Director Delivery, in respect of how to proceed with the review into the devolution of assets as set out in the report.

RECOMMENDED that

1.            pending Local Government Reorganisation (LGR), the recommendations in this report will replace any previous decisions made in relation to the devolution of assets;

2.            no recharges in relation to the provision of footway lighting are levied in 2022/2023 as a good will gesture for those Councils who have adopted their footway lighting

3.            provision is made to sustain the footway lighting contract until the end of its current term in 2027 giving Parish Councils the option to complete on those already engaged in transfer process;

4.            a program is established to remove sodium lights without replacements as they cease to function;

5.            play areas and toilets that are not yet agreed for transfer remain as they are; and

6.            £500 be paid in 2022/23 to the adopting Councils of public conveniences as an ex gratia payment towards running costs.

The Portfolio Holder for Resources gave background to the work of the Devolution of Assets Task and Finish Group of the Overview and Scrutiny Committee and Members then considered the report DCE16/22 of the Assistant Director Delivery, which sought to update Members how to proceed with the review into the devolution of assets to Parish Councils.

Proposed by Cllr Greenwood

Seconded by Cllr Sharp

andRESOLVED that:

1. that pending Local Government Reorganisation (LGR), the recommendations in this report will replace any previous decisions made in relation to the devolution of assets; further

2. that no recharges in relation to the provision of footway lighting are levied in 2022/2023 as a good will gesture for those Councils who have adopted their footway lighting; further

3. that provision is made to sustain the footway lighting contract until the end of its current term in 2027 giving Parish Councils the option to complete on those already engaged in transfer process; further

4. that a program is established to remove sodium lights without replacements as they cease to function; further that as amended and agreed

5. that existing policies in relation to any future transfer and existing maintenance for remaining play areas and toilets remain unchanged; and

6. that £500 be paid in 2022/2023 to the adopting Councils of public conveniences as an ex gratia payment towards running costs.

Reasons for the Decision/Recommendation:

The intended purpose of the transfer of assets review is no longer valid and that considerations should be made for those parishes to have taken on assets.

To consider the attached report DCE24/22 of the Assistant Director Communities, which presents an application to the Community Housing Fund from the Patterdale Parish Community Land Trust for additional funding of £395,000 to mitigate rising construction and labour costs and to upgrade the proposed properties to Passivhaus standards.

RECOMMENDED that the application be supported and approved.

Members considered the report DCE24/22 of the Assistant Director Communities, which presented an application to the Community Housing Fund from the Patterdale Parish Community Land Trust for additional funding of £395,000 to mitigate rising construction and labour costs and to upgrade the proposed properties to Passivhaus standards.

Proposed by Cllr Derbyshire

Seconded by Cllr Taylor

andRESOLVED that the application be supported and approved.

Reasons for the Recommendation:

Approval of the application is recommended because the application meets the requirements and aims of the Community Housing Fund, and provides much needed affordable housing in Glenridding.

To consider the attached report DCE31/22 of the Assistant Director Delivery, which seeks authorisation to approve the delegation of awarding grants under the COP26 fund to the relevant Portfolio Holder.

RECOMMENDED that the Cabinet delegates the decision to award grants related to the COP26 community fund to the Green Growth Portfolio holder.

Members considered the report DCE31/22 of the Assistant Director Delivery, which sought authorisation to grant the Green Growth Portfolio Holder delegated power to award grants under the COP26 fund.

Proposed by Cllr Rudhall

Seconded by Cllr Tonkin

andRESOLVED that the Green Growth Portfolio Holder be granted delegated authority by Cabinet to award grants under the COP26 Community Fund.

Reasons for the Decision/Recommendation:

1.    Delivery of the COP 26 community fund is a strategic priority designed to support communities in striving for a zero carbon Eden.

2.    Failure to provide smooth and speedy awards for the fund may result in opportunities for match funding to be lost for schemes or hinder delivery.

3.    To provide a more responsive awarding process which will enable more grants to be awarded prior to vesting day.

There were no urgent items of business raised by the Chair.

To confirm that the next programmed meeting of the Cabinet will be held on Tuesday 21 June 2022 at 6.00 p.m.

The date of the next scheduled meeting was confirmed as Tuesday, 21^st June 2022.